Man who shattered his hip at Walmart awarded $7.5 million payout
Henry Walker has accused the company of negligence and wantonness
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Army veteran Henry Walker was trying to buy a watermelon at a Walmart in Alabama when his foot got stuck in a wooden pallet. When he turned, the 59-year-old fell, breaking his hip.
Walker sued Walmart over the 2015 incident, and an Alabama jury has ruled that he should be awarded $7.5 million.
“You don’t expect to go into a grocery store walking fine on your two feet and come out on a stretcher,” Walker’s attorney Shaun O’Hara told AL.com. A Walmart spokesman said the company plans to appeal.
“We are disappointed in the verdict,” said the spokesman, Randy Hargrove. “We appreciate the jury’s service, however we believe that the damages awarded were excessive in light of the facts of this case.”
The incident unfolded June 25, 2015, when Walker went to a Walmart store in Phenix City, Ala., according to court documents.
Walker reached to pick a melon from a display, and his foot became lodged in the pallet under the watermelon container. He turned, unaware that the pallet was there, and fell and shattered his hip, court documents state.
He sued the retail giant on claims of negligence and wantonness. Attorneys presented the case Tuesday and Wednesday in Russell County Circuit Court.
Walmart had a responsibility to its customers to provide a safe environment and should have known the pallet could cause an injury, his lawyers argued. But the company said the display was not dangerous, according to a Wednesday court filing.
The jury deliberated for about two hours late Wednesday before ruling in favor of Walker, awarding him $2.5 million in compensatory damages and $5 million in punitive damages.
“I think this jury appreciated what Mr. Walker went through and they compensated him accordingly,” another one of his attorneys, David Rayfield, told the Ledger-Enquirer. “This is a great verdict for the community because this jury wanted to make sure it was safe for shoppers.”
Jurors reviewed security footage from the store and saw that Walker wasn’t the only person to get his foot stuck in the side openings of a wooden pallet on the floor, O’Hara said.
Hargrove, the Walmart spokesman, said he could not comment on the use of wooden pallets or the chain’s safety procedures, saying the case is an “ongoing matter” since the company plans to appeal.
O’Hara told AL.com that the incident “completely changed Henry Walker’s life.” Among other things, the Army veteran who used to play basketball three days a week now needs to use a walker, he said.
“He is no longer able to do everyday activities that many of us take for granted,” the attorney said.
The Washington Post
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments